The above-captioned case was scheduled for hearing on February 12, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jackson, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Timothy Lutz and Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Vice Chairperson Filippi and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board notes that this facility was previously before it in file number 100094.  Accordingly, the Board hereby adopts its decision in file number 100094 as its initial findings of fact relating to the fire code history of this facility.  In addition, the Board finds that the subject facility was under the administration and custody of the Franciscan Friars of the Holy Name Provence until February of 2012 at which time the Franciscan Friars left the City of Providence and the State of Rhode Island.  The Board further finds that the St. Marys Parish was reorganized in March of 2012 and now needs additional time in which to fully comply with the original decision.  The Board finds that the rectory currently has a fire alarm system with a sprinkler pipe, and that the Applicant has agreed to install tamper switches as soon as possible, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance extension until June 20, 2014 in which to complete its compliance with the original decision in file number 100094.  As a condition of this relief, the Board directs the Applicant to properly install the required tamper switches as soon as possible, at the direction and to the satisfaction of the Providence Fire Marshals Office.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See:  Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].